Northern Grain Co. v. Wiffler

McLaughlin, J.:

In April, 1912, the plaintiff entered into a contract with the defendant Wiffler for the sale and delivery to him at Yonkers, N. Y., of a carload of oats. On the 21st of May, 1912, the oats were shipped from Buffalo, N. Y., over the lines of the defendant railroad company upon a bill of lading which consigned them to the order of the plaintiff. They arrived at then* des*96tination on May 25, 1912, and on the twenty-eighth of May following a sixty-day draft for the purchase price was accepted by Wiffler and delivered to the plaintiff as payment, conditioned upon the draft being…